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Patna High CourtCR. MISC./61400/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-10-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61400 of 2018 Arising Out of PS. Case No.-695 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rahul Kumar Son of Sri Vinod Sah, Resident of Rewa, P.S.- Saraiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2018 Heard both sides.

The petitioner seeks bail in Motipur P.S. Case No.695 of 2018, registered under Sections 420, 413, 414 and 34 of the Indian Penal Code.

One Rajesh Kumar was apprehended in connection with Motipur P.S. Case No.691 of 2018. Rajesh Kumar disclosed the name of Jai Govind. The police arrested Jai Govind who disclosed that he alongwith Ritesh and Arjun used to commit theft of motorcycles. Jai Govind also disclosed that he stole two motorcycles, one of which was sold to Amit and another was sold to Rahul. On such one stolen motorcycle was recovered from possession of the petitioner for that the petitioner is in jail since 10.08.2018.

It is submitted that there is no material to show that

Patna High Court Cr.Misc. No.61400 of 2018(2) dt.06-10-2018 2/2 the petitioner committed theft of motorcycle. Of course the petitioner purchased the motorcycle from Jai Govind without knowing the fact that the motorcycle was stolen one. Taking into consideration the facts aforesaid that the petitioner is purchaser of motorcycle that too without having knowledge of the same being stolen and petitioner has remained in jail for about two months, petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., West, Muzaffarpur in connection with Motipur P.S. Case No.695 of 2018. (Prabhat Kumar Jha, J) S.KUMAR/- U T